ANIL KUMAR Vs. STATE OF H P

JUDGEMENT

(1.) THE instant appeal is directed against the impugned judgment rendered on 30.10.2008, by the learned Additional Sessions Judge, Ghumarwin, District Bilaspur, Himachal Pradesh in Sessions trial No. 15/7 of 2006/05, whereby, the learned trial Court convicted and sentenced the accused/appellant to suffer life imprisonment and to pay a fine in a sum of Rs.10,000/ - and in default of payment of fine to further undergo imprisonment for a period of three months for commission of offence under Section 302 of Indian Penal code and to suffer imprisonment for seven years and to pay a fine of Rs.5000/ - and in default of payment of fine to further undergo imprisonment for two months, for the commission of offence under Section 392 read with Section 397 IPC.

(2.) BRIEF facts of the case are that on 16.5.2005 at 7.05 a.m. a telephonic information was received from PW -1 Charanjeet Singh, driver of truck No. HR -37A/2572 at Police Station Sadar, Bilaspur that the body of the driver of truck No. HR -37B -4516 is lying dead on the seat of the truck, whereas conductor thereof has fled away. On receiving of information SI Balbir Singh, PW -19 accompanied by PW - 18 ASI Mohinder Singh, HHC Nand Lal, C Jagal Pal and Constable Narinder Kumar arrived at the spot alongwith a photographer Rajesh Kumar. On the spot, they found truck No. HR 37B -4516 parked ahead of which another truck No. HR -37A -2572 was parked. PW -1 the driver and cleaner of the truck bearing No. HR -37B -2572 met the police near truck No. HR37B -4516 and found driver whereof, namely, Onkar Singh, lying dead on the spot and blood had oozed out from his nose and mouth and there was injury on his head and two teeth were lying on the seat near his dead body. PW -1 disclosed the police that the cleaner of truck No. HR -37B -4516 has fled away but he can identify him. At this PW - 19 sent rukka comprised in Ex. PW -12/A through Constable Jagat Pal. FIR Ex. PW -12/B was registered at Police Station, Sadar, Bilaspur. PW -19 prepared site plan Ex. PW -19/A and the broken teeth Ex. P -7 and P -8 were seized vide seizure memo Ex. PW -1/A. He also took blood on a cotton piece Ex. P -4 lying near the dead body of the deceased and kept it in a small bottle Ex. P -5 and seized the same vide seizure memo Ex. PW -5/A in presence of the witnesses. The investigating Officer also filled in form 25 -35 A and B comprised in Exs. PW -14/E and PW -14/F and moved an application comprised in Ex. PW -14/D for post mortem examination of the deceased.PW -14 Dr. N.K Sankhyan alongwith Dr. D.R Sehgal, D.H Bilaspur conducted the post mortem examination on 16.5.2005 and Post mortem report is Ex. PW -14/A and final opinion is Ex. PW -14/C. On the request of Police Ex. PW -14/G, he gave opinion Ex. PW -14/H regarding the injuries being sustained by the weapon screw driver. The investigating Officer also seized truck No. HR 37B - 4516 and other articles namely shoes Ex. P -9, another shoes pair Ex. P - 10, seat cover Ex. P -11, blanket Ex. P -12 and documents of truck aforesaid vide seizure memo comprised in Ex. PW -1/B. During the investigation, accused Anil Kumar had made a disclosure statement comprised in Ex. PW -4/A, on the basis of which he got recovered the weapon of offence i.e screw driver Ex. P -3 from the bushes on NH -21 which was seized vide seizure memo Ex. PW -4/B. The investigating Officer also prepared sketch of the screw driver being Ex. PW -4/C and site plan of such recovery is Ex. PW -19/B. The dead body of the deceased was handed over to his family members vide memo Ex. PW - 19/C. PW -19 had moved an application comprised in Ex. PW -19/D whereafter spot tatima Ex. PW -13/A and Jamabandi Ex. PW -13/B was got prepared by PW -13 Sukardeen, Patwari. PW -18 ASI Mohinder Singh had been deputed to search the accused and accused Anil Kumar became visible to him on 17.5.2005 at 4.00 p.m. at Pathankot Railway Crossing and was apprehended and brought to the police Station, Shahpur, District kangra. On the search of the accused, the IO has recovered a sum of Rs.29500/ - which was seized vide memo Ex. PW - 3/A. Banian Ex. P -1 after circling the blood spot with pen and T -Shirt Ex. P -2 of accused Anil Kumar were seized under memo Ex. PW -3/B. The body organs of the deceased were also chemically examined and report of FSL Junga is comprised in Ex. PW -14/B and similarly two shirts, banian, pant and chadder, seized blood lying nearby the dead body of the deceased were got chemically examined and report of FSL Junga is comprised in Ex. PW -15/A and human blood of B Group was found thereon. Constable Rajesh Kumar clicked the photographs of the deceased comprised in Ex. PW -1/C to PW -1/E and Ex. PW -7/F and Ex. PW -7/G, the negatives thereof are comprised in Ex. PW -1/H to Ex. PW - 1/L. The statements of the witnesses were recorded. On conclusion of the investigation, into the offence, allegedly committed by the accused, final report under Section 173 of the Code of Criminal Procedure was prepared and filed in the Court.

(3.) THE accused was charged for his having committed offences punishable under Sections 302 and 392 read with Section 397 of Indian Penal Code, by the learned trial Court to which he pleaded not guilty and claimed trial.